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4th December 2024

EMIR 3 is Coming on 24th December

Updated 04/12/2024

EMIR 3 has nearly reached the conclusion of its formal adoption procedure, as it was published in the Official Journal of the EU on 4th December, 2024. Thus, the new rules will apply from 24th December, 2024, as they go in force 20 days after its publishing date. Member States will have 18 months to draft and implement them. As a reminder the changes mostly deal with increasing clearing at EU CCPs and promoting clearing activity in the EU.

On 7th Feb 2024, the Council and Parliament reached a provisional agreement on the review of EMIR. The main focus of the changes is on making the EU clearing landscape more attractive.

We also identified the following changes which could affect a firm’s reporting obligation;

Topic

Article

Details

Clearing obligation for FCs

Article 4a(3) amended

When calculating position towards thresholds, only derivative contracts not cleared at a CCP should be included in the calculation

Reporting obligation

Article 9 amended

Exemption for transactions between counterparties (where at least one is an NFC) is removed

Clearing obligation for NFCs

Article 10 amended

When calculating position towards thresholds, only derivative contracts not cleared at a CCP should be included in the calculation

The next steps are for the changes to go through the formal adoption procedure and entering into force.

Useful links

Article 4a(3)

Article 9

Article 10

Control Now can help you seamlessly manage such changes as amendments and modifications are automatically integrated into our software.

For more details, including a demo of our products, please contact: info@control-now.com

Control Now Ltd, is a provider of Transaction Reporting software tools to empower market participants to perform oversight of their Regulatory Reporting Processes. Control Now Ltd accepts no liability for any loss or damage caused by use of or reliance on this information or any other information published by Control Now Ltd. Recipients of this information must perform their own due diligence to confirm the information is accurate and relevant for their business scenario. Control Now Ltd reserves its right to re-publish the information.